HOUSE BUSINESS AND INDUSTRY COMMITTEE SUBSTITUTE FOR

HOUSE BUSINESS AND INDUSTRY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 1147

48th legislature - STATE OF NEW MEXICO - first session, 2007

AN ACT

RELATING TO PROCUREMENT; REVISING DEFINITIONS FOR "LOCAL PUBLIC WORKS PROJECT" AND "STATE PUBLIC WORKS PROJECT"; RAISING THE SMALL PURCHASE PROCUREMENT LIMITS FOR PROFESSIONAL SERVICES AND CONSTRUCTION SERVICES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 13-1-66.1 NMSA 1978 (being Laws 1989, Chapter 69, Section 4, as amended) is amended to read:

     "13-1-66.1. DEFINITION--LOCAL PUBLIC WORKS PROJECT.--"Local public works project" means a project of a local public body [which] that uses architectural or engineering services requiring professional services costing [twenty-five thousand dollars ($25,000)] fifty thousand dollars ($50,000) or more or landscape architectural or surveying services requiring professional services costing [five thousand dollars ($5,000)] ten thousand dollars ($10,000) or more, excluding applicable state and local gross receipts taxes."

     Section 2. Section 13-1-91 NMSA 1978 (being Laws 1984, Chapter 65, Section 64, as amended) is amended to read:

     "13-1-91. DEFINITION--STATE PUBLIC WORKS PROJECT.--"State public works project" means a project of a state agency, not including projects of the state educational institutions, the supreme court building commission, the legislature or local public bodies, [which] that uses architectural or engineering services requiring professional services costing [twenty-five thousand dollars ($25,000)] fifty thousand dollars ($50,000) or more or landscape architectural or surveying services requiring professional services costing [five thousand dollars ($5,000)] ten thousand dollars ($10,000) or more, excluding applicable state and local gross receipts taxes."

     Section 3. Section 13-1-125 NMSA 1978 (being Laws 1984, Chapter 65, Section 98, as amended) is amended to read:

     "13-1-125. SMALL PURCHASES.--

          A. A central purchasing office shall procure services, construction or items of tangible personal property having a value not exceeding twenty thousand dollars ($20,000) in accordance with the applicable small purchase regulations adopted by the secretary, a local public body or a central purchasing office that has the authority to issue regulations.

          B. Notwithstanding the requirements of Subsection A of this section, a central purchasing office may procure professional services having a value not exceeding [thirty thousand dollars ($30,000)] fifty thousand dollars ($50,000), excluding applicable state and local gross receipts taxes, except for the services of [architects] landscape architects [engineers] or surveyors for state public works projects or local public works projects, in accordance with professional services procurement regulations promulgated by the department of finance and administration, the general services department or a central purchasing office with the authority to issue regulations.

          C. Notwithstanding the requirements of Subsection A of this section, a state agency or a local public body may procure services, construction or items of tangible personal property having a value not exceeding [five thousand dollars ($5,000)] ten thousand dollars ($10,000) by issuing a direct purchase order to a contractor based upon the best obtainable price.

          D. Procurement requirements shall not be artificially divided so as to constitute a small purchase under this section."

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